IN RE APF CO.

Bankruptcy No. 98-1596(PJW). Adversary No. 00-849(PJW).

274 B.R. 408 (2001)

In re APF CO., et al., Debtors. Joseph A. Pardo, Trustee, et al., Plaintiffs, v. Nylcare Health Plans, Inc., Nylcare Health Plans of the Gulf Coast, Inc., and Nylcare Health Plans of the Southwest, Inc., Defendants.

United States Bankruptcy Court, D. Delaware.

December 18, 2001.


Attorney(s) appearing for the Case

William P. Bowden, Christopher S. Sontchi, Ashby & Geddes, Wilmington, DE, Zack A. Clement, Fulbright & Jaworski L.L.P., Houston, TX, for Defendants Nylcare Health Plans of Gulf Coast, Inc. and Nylcare Health Plans of the Southwest, Inc.

Kevin S. Anderson, Eric P. Wilenzik, Elliott Reihner Siedzikowski & Egan, P.C., Blue Bell, PA, McCarter & English, Wilmington, DE, for NYLCare Health Plans, Inc.

Frederick L. Cottrell, Mark D. Collins, Christopher D. Loizides, Richards, Layton & Finger, P.A., Wilmington, DE, for the Plan Administrator.

Elio Batista, Jr., The Bayard Firm, Wilmington, DE, Joseph L. Schwartz, Riker, Danzig, Scherer, Hyland & Perretti, Morristown, NJ, for Trustee of the FPA Creditor Trust.


MEMORANDUM OPINION

PETER J. WALSH, Bankruptcy Judge.

Before the court is the motion (Doc. # 9) of the defendants Texas Gulf Coast HMO, Inc., formerly NYLCare Health Plans of the Gulf Coast, Inc. ("NYLCare Gulf Coast") and Southwest Texas HMO, Inc., formerly NYLCare Health Plans of the Southwest, Inc. ("NYLCare Southwest") to dismiss all nine counts of the complaint filed by plaintiffs Joseph A. Pardo, Trustee of the FPA Creditor Trust ("Trustee") and the...

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